Wednesday, May 30, 2007
NYU's Jean Monnet Center for International and Regional Economic Law & Justice has posted a working paper by our very own Richard Stith entitled Securing the Rule of Law through Interpretive Pluralism: An Argument from Comparative Law.
"As the distinction between interpretation and politics diminishes, the need for pluralism in interpretation increases. The Article argues, first, that the rule of law requires that no one tribunal possess the power to subordinate a whole legal system to its politicized rule. The Article then uses comparative legal study to analyze plural or coordinate interpretive authority. A multiplicity of interpreters helps to prevent domination by any one legal ideology and to encourage reasoned dialogue about the meaning of law. Despite our skeptical age, courts and other public authorities are given an incentive to construct arguments convincingly moored to governing law."
This paper fits within and can contribute to our ongoing discussion of subsidiarity. Although Richard does not use the term "subsidiarity" in the paper, it seems to me that his analysis is informed by that concept from Catholic Social Teaching.